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SABINA, SATYEN VAIDYA
Jhallo Ram, Son Of Sh. Tikhna – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sh. N. K. Thakur, Sr. Advocate With Mr. Divya Raj Singh, Advocate
For the Respondent:Sh. Kamal Kant, Deputy Advocate General

JUDGMENT :

Satyen Vaidya, J.

By way of instant appeal, appellant has assailed judgment and sentence order dated 5.7.2019, passed by the learned Special Judge, Chamba Division Chamba, H.P. in Sessions Trial No. 77 of 2018, whereby appellant has been convicted under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and has been sentenced to undergo rigorous imprisonment for a period of twelve years and to pay fine of Rs. 1,20,000/-. In default of payment of fine, to further undergo simple imprisonment for a term of one year.

2. The prosecution case in brief is that on 25.8.2018, police party comprising of HC Gias Lal PW-4, HC Ramesh Kumar PW-1, HC Dinesh Kumar PW-8, Constable Hem Raj PW- 2 and Constable Vinod Kumar PW-5 were on routine patrol duty near Koti Bridge within jurisdiction of Police Station, Sadar Chamba. Appellant was apprehended with a bag on his back. On noticing the police, appellant became perplexed. On suspicion, the bag carried by appellant was checked. 5 kg 30 grams of charas was recovered therefrom. The recovered charas was repacked in the same bag and thereafter placed in a cloth parcel, sealed with six seals of impression ‘SB’.

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